(1.) THE following question has been referred to us by our brother Chaturvedi for our opinion :
(2.) THE case against the appellants is as follows : Chotey Lal is a partner of a firm carrying on business in Hardoi. Mukerji is a railway employee in charge of a railway grain shop at Allahabad. There was a contract between the railway and Chotey Lal for the supply of grains to the railway grain shop. According to the contract, the grains had to be booked at Hardoi for Allahabad by 25.1.1947. The firm, however, booked the grains after 25 -1 -47. Under the contract it was liable to pay a penalty to the railway for the delay in booking them. Chotey Lal entered into a conspiracy with the other appellant to defraud the railway and in pursuance of the conspiracy the other appellant prepared a false document known as, Section 10 on 1 -3 -47 stating that the grains had been booked on 25 -1 -47. He took delivery of the grains and no penalty was charged from the firm. Thus he and Chhotey Lal were guilty of a conspiracy, and in addition Mukerji was guilty of the offence of Section 477 and Chhotey Lal of abetting it, and Chhotelal was guilty of the offence of Section 420 (for obtaining payment for the grains without having to pay a penalty with the help of the false document Section 10) and Mukerji for its abetment.
(3.) THE normal rule is that